Neighbor’s dead tree fell on my boat, notified rental management company

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Neighbor’s dead tree fell on my boat, notified rental management company

My neighbor’s dead tree fell during a storm crushing my fence and landing on my
boat. I notified the rental management company three days in advance of the
storm to tell them that it was dead, rotten and has a 100 chance of falling in high
winds. I told them they needed to get in contact with the owner to mitigate it
before the storm hits. They waited to email the owner until a week after the storm.
Do I have a case for negligence? Would my case be with the rental management
company or the owner of the property? Any advice on how to handle the situation
would be greatly appreciated.

Asked on October 5, 2018 under Real Estate Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can file one lawsuit for negligence naming both the property owner and management company as defendants.
Negligence is the failure to exercise due care (that degree of care that a reasonable property owner / property management company would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your boat and the cost of repair or replacement of your fence.


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